JamieUMBC

At what point, and to what degree, will Americans be willing to impinge upon their freedom of speech if they believe that lives are at stake? That question bubbles to the surface again today as more becomes known about Maj. Nidal Malik Hasan, the alleged shooter in the Fort Hood massacre, who apparently was angry about the United States’ prosecution of the War on Terror.

According to wire reports, Hasan’s family was connected with a Virginia mosque that at one time hosted the preaching of radical imam Anwar al Awlaki, and where two of the September 11th hijackers worshiped.  Writing from Yemen, the imam, author of the controversial “44 Ways to Support Jihad,” praised Hasan’s actions and condemned Muslims critical of the attack as “hypocrites.” Awlaki has been often accused of intentionally inciting English-speaking Muslims to violence against the Western World.

This is where the whole “freedom of speech” thing gets somewhat sticky. If it can be demonstrated that Awlaki’s words led to Hasan’s actions, do we still consider those words protected speech? Remember, the element of religious freedom exists to even further complicate the matter. If preaching hatred from the pulpit causes others to deem it God’s will, or perhaps just acceptable, to harm others, should that speech be banned?

Be careful. Before you reflexively answer “yes,” consider the implications. If this ban were enacted, could radical anti-abortion groups be targeted for “hate speech?” How about Rush Limbaugh? Still on board? What about a President who openly condemns insurance interests for their opposition to health care reform? What would seem like an overreaction is only so until there’s an incident involving a desperate man whose child has been denied coverage for what he considers a life-saving treatment. If that were to occur, the culpability of public figures under the new law would immediately come into question, and no doubt countless lawsuits would be filed by the aggrieved.

This is the problem we run into as Americans who profess to defend freedom above all else. If we choose to allow speech that amounts to public attacks upon individuals and organizations, attacks that are intended to arouse individuals to action (as all political attacks are), attacks that we now consider as a normal part of the political process, we must also allow the speech of hate-spewing imams in Virginia.

Of course, there are limits which have been consistently applied over the years, such as removing from that protection speech which can be construed to have the deliberate, intentional purpose to cause harm to another individual or to deprive that individual of their rights under the law. However, in this case, that doesn’t seem to be what was going on in Virginia.

In the coming days, there will be plenty of calls for a rethinking of what’s being preached in America. There may also be condemnations of the patriotism of certain Muslims in America. While it may be easy to point out that inciting people to hate is wrong, it is a far more difficult task to regulate it. I suspect that after the dead of Fort Hood are buried, and the final notes of taps drift away in the autumn breeze, we will discover the price of that regulation to be too steep, and in the end, a poor tribute to those who were, in the end, martyrs of a society based upon free speech.